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Posted: 6/7/2022 3:23:35 PM EDT
[Last Edit: widerstehe]
For example, a bear.

So we all know that if your life is threatened you have justification for shooting a person.  Could the same apply to wildlife?

If you're hiking and a bear is about to attack you is it lawful to shoot it?

Link Posted: 6/7/2022 3:45:35 PM EDT
[#1]
You have to retreat first.
Link Posted: 6/7/2022 4:02:22 PM EDT
[#2]
I've always heard that if you go out in the woods and shoot and animal you couldn't otherwise legally shoot you've got a big job proving self defense.

Very much a guilty unless proven innocent thing.

Just hearsay though.
Link Posted: 6/7/2022 7:28:00 PM EDT
[#3]
Seems probable, since you have to be raped before you're allowed to fight off your attacker.
Link Posted: 6/7/2022 7:33:01 PM EDT
[#4]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By kzin:
I've always heard that if you go out in the woods and shoot and animal you couldn't otherwise legally shoot you've got a big job proving self defense.

Very much a guilty unless proven innocent thing.

Just hearsay though.
View Quote


What ever happened to "shoot, shovel, shut up?"
Link Posted: 6/7/2022 8:24:19 PM EDT
[#5]
If the bear has intent to rape you then it’s ok to shoot.
Link Posted: 6/7/2022 9:33:01 PM EDT
[#6]
From the Encon black bear manual....


) If someone kills a bear that was allegedly attacking or injuring them or someone else, an investigation should occur. As mentioned above, the investigation should include regional personnel from the Bureau of Wildlife, Environmental Conservation Officers, and Forest Rangers and these parties will decide if any further actions are required. Most of these cases will involve an attempt by the shooter to escape prosecution and punishment for the illegal killing of a bear, however, an actual attack may be covered by the “justification defense” provided in §35.05 (2) of the Penal Law.
Link Posted: 6/7/2022 9:39:01 PM EDT
[#7]
Someone was charged a few years ago for shooting a black bear that was stealing food from their campsite.
Link Posted: 6/7/2022 10:10:19 PM EDT
[#8]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By byuind:

What ever happened to "shoot, shovel, shut up?"
View Quote


The bear encounter I had that made me think to ask this question cuts through a pretty populated area.  If I had to shoot the thing, no way was there not going to be witnesses and the cops would be there pronto due to the gunshots.

Link Posted: 6/7/2022 10:11:32 PM EDT
[#9]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By ACDer:
From the Encon black bear manual....

) If someone kills a bear that was allegedly attacking or injuring them or someone else, an investigation should occur. As mentioned above, the investigation should include regional personnel from the Bureau of Wildlife, Environmental Conservation Officers, and Forest Rangers and these parties will decide if any further actions are required. Most of these cases will involve an attempt by the shooter to escape prosecution and punishment for the illegal killing of a bear, however, an actual attack may be covered by the “justification defense” provided in §35.05 (2) of the Penal Law.
View Quote


This is very useful to know.  Based on this, it would seem it would be prudent to simply face the music and be honest about what happened then to flee.  I guess rule number one would apply which is, say nothing and lawyer up.


Link Posted: 6/8/2022 3:32:55 PM EDT
[#10]
If you're legally afield hunting game, probably. If you're afield armed and there's no hunting, probably go both ways. DEC investigated and says your pistol license is GTG while animal rights nuts and democrats scream for you to be hanged.
Link Posted: 6/8/2022 3:49:54 PM EDT
[#11]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By DefMan:
If you're legally afield hunting game, probably. If you're afield armed and there's no hunting, probably go both ways. DEC investigated and says your pistol license is GTG while animal rights nuts and democrats scream for you to be hanged.
View Quote



Take a couple democrats with you.. throw them at the bear first
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